Welcome to Envato Market

1.
Hi, we’re Envato and welcome!
We’re happy to have you here and we hope you enjoy your stay.
When we say ‘we’,
‘us’ or
‘Envato’ it’s because that’s
who we are and we own and run the Envato Market sites.

2.
Envato’s ecosystem of digital marketplaces helps millions of people
around the world get creative and earn online. When you create an account
and accept these terms you become a member of our
community. You will have an Envato Market account that
will allow you to buy and sell items like the ones found
on the Envato Market sites and make other related transactions.

3.
The Envato Market sites are platforms that allow members to buy and sell
licenses to use digital items like website themes, production music,
motion graphics project files, software code, vectors, images and much,
much more. On Envato Market, buyers and authors (sellers) transact with
each other directly and we provide the platform to allow the transactions
to happen. If you have an Envato Market account, any transactions are logged on your member’s statement,
which records the payments made by you to authors via Envato Market (as a
buyer) and by buyers via Envato Market to you (as an
author).

4.
The items on Envato Market are owned by the authors, not by us.
The items on Envato Market are uploaded at the direction of the author.
We provide the platform services; we do not take ownership of the items.

5.
During your time with us you agree to follow the ground rules outlined in
these terms so please read and understand them. If you don’t accept
the terms then we’ll be sad, but you will need to leave because
your presence on and use of the Envato Market sites is conditional on your
acceptance to be bound by these terms and the
Acceptable Use Policy
whether you become a member or not.

Envato Websites

6.
You can also access Envato Websites via the Envato Market sites.
The products offered on Envato Websites (which include hosted theme and hosted starter site subscriptions)
are offered by Envato Hosted and Envato Sites and are subject to separate terms and conditions,
which you can access here:
Envato Hosted Terms and
Envato Sites Terms. To avoid any doubt,
the Envato Market terms do not apply to the products offered via Envato Websites.

7.
Preview Files: If you stream or download a preview file from our Envato Market sites,
you agree that you will not remove any watermarking or other protective measures from
the preview file. You agree that you will use the preview file solely for the purposes
of evaluating a purchase from Envato Market sites and not for any other purpose.

How browsing and membership works

8.
Browsing: You need to be 16 years or over to browse the
Envato Market sites. We don’t knowingly collect any information from
anyone aged 16 or under. When browsing the sites you agree to
follow our guidelines or instructions and keep in mind that these terms
apply to any use of our Envato Market sites whether or not you’re a
member.

Membership

9.
Age: You need to be 18 years or over to become a member or to buy items.
If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a
parent or legal guardian who is at least 18 years of age, with their permission, and this adult
will be responsible for all your activities.

10.
Envato Account: Membership is free. When you become a member
you get an Envato Market account that is accessible from any of our
Envato Market sites (and is also your Envato account for other Envato services).
Your membership will allow you to ‘buy’ (license) items from
authors, participate in our online forums, and generally contribute to
our ecosystem of Envato Market sites that help people get creative. Membership also
gives you the opportunity to become an author
(see section 31 – Becoming an Author)
or earn referral income
(see section 12 – Referrals).

11.
Your responsibility: You promise that information you
give us is true, accurate and complete and, if you sign up for an Envato Market account, that you will keep your
account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account.
You are responsible for any use of the Envato Market sites including any activity that occurs in conjunction with your
username and password, if you have an Envato Market account, so keep your password secure and don’t let any
other person use your username or password. If you realise there’s any unauthorized use of your password or any
breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid
compliance with these terms and conditions, or for any fraudulent or illegal reasons.

It is important that you understand your responsibilities as a member of
our community so please take the time to review this section and the
Envato Market Terms carefully.

12.
Referrals: As a part of our Affiliate Program, if you
refer a new member to any of our Envato Market sites you may be eligible to
receive affiliate income. You can find out more about the Affiliate
Program and the terms applying to referrals here.

How buying items works

This section will help you understand what you are buying when you
purchase an item and how that transaction takes place on Envato Market.

13.
What you're buying:

License: When you buy an item,
you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a
license directly from the author to use that item. Items are subject to
specific terms of use, and these terms are the ‘license’ that
we set on Envato Market. This license also applies to you if you download
an item that someone else has bought for you (because anyone downloading
an item needs to be an Envato Market member). Different license types are
available for you to choose when you have selected an item. You’ll
need to think about the way you want to use the item so that you can pick
the right license to allow that use. It’s your responsibility to
choose the correct license.

Item support: Authors can choose whether or not to support certain items. If an author chooses to
support an item, this will be identified on the item page. All supported items include a support period. You can
buy support extensions on these items. Your right to access Item Support requires an Envato Market account.

To learn more about item support, like what items are covered, what authors provide, the support period and
support extension options, see the item support policy.

Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Envato like
24/7 buyer support, fraud protection, item quality control and other related buyer services.

You can read more about the awesome buyer services buyers get from us over
at Why Buy From Us information page.

14.
The total price for an item on Envato Market is made up of:

Item price: The item price is made up of a license fee (for the license you choose for the item),
and if relevant the item support fee (for supported items).

Buyer fee: This is the fee for the buyer services you get from Envato.

Handling fee: In some transactions on Envato Market the total checkout price may include a handling fee.

Taxes: Some transactions on Envato Market may be subject
to tax that may be added to the price. See
section 23
for details about taxes on Envato Market.

The list price is made up of the item price and buyer
fee, and is the price you see on an item page.

Transacting as a buyer:

15.
If you have an Envato Market account, you can make payments by using the ‘Buy Now’ function
or by using any existing Envato Credits in your Envato Market account.

16.
Envato Credits: Existing Envato Credits can only be used to pay for Envato Market transactions. We do
not refund any monies originally placed into your Envato Market account to buy
Envato Credits (but you may have rights under an applicable consumer law,
which we don’t exclude).

17.
If you choose to buy using any existing Envato Credits, the total price will be
deducted from your Envato Credits. If you haven’t used your Envato Credits within 12 months they
may expire from the date of purchase.
See section 24 for details about the expiry of Envato Credits.

18.
When using Buy Now you will be redirected to a payment method provider.

19.
Currency conversion costs: You are responsible for all
costs of currency conversion relating to a transaction on Envato Market. Your
financial institution does the currency conversion and may charge you
additional fees (we don’t control either the conversion rates or
your financial institution’s fees).

This means that you may incur additional costs when purchasing
from Envato Market, which we have no control over.

20.
Terms of buying: When you buy an Envato Market item
you’re doing so on the following terms:

you warrant to us and the author that you have carefully considered the
suitability of your chosen license, and that you have chosen
appropriately;

you cannot cancel a completed purchase of an item;

we and the authors do not promise that any particular item will continue
to be available on Envato Market so you should download and save the item
as soon as you buy it;

once you buy or download an item and the item has been paid for, you acquire
a non-exclusive license to use the item under the terms set out in the license
(non-exclusive means others might also license the same item);

the author retains ownership of the item;

your relevant details may be provided to the author of the item in order to
facilitate the transaction, for example for invoicing and item support
services; and

we have the right to enforce against you the terms of the license that
you have acquired from an author.

It is important that you understand the terms on which you are making a
purchase. Please take the time to review this section carefully. See our Help Center
article for information about account limits.

21.
Warranties we make:

We warrant that the Envato Market sites will be suitable for the purposes described
on the sites, and that we will provide our platform services with reasonable
skill and care.

We otherwise do not make any express or implied warranties about the Envato Market
sites (or any items on the Envato Market sites).

22.
Warranties authors make: The author of an
item you buy warrants to you that:

the item is of acceptable quality and fit for the purpose for which it is 'sold';

the item matches the description given by the author on the item preview page,
as well as any item preview;

they will honour any express warranties given to you that are not contained
in these terms;

they have the rights necessary to license that item on the terms of applicable
license;

your use of that item in accordance with the terms of the applicable license
does not infringe the intellectual property rights of someone else;

the item and its description are not false, inaccurate, misleading,
fraudulent, unlawful or defamatory;

the item and its description do not violate any applicable law or regulation
(including those governing export control, consumer protection, unfair
competition, criminal law, pornography, anti-discrimination, trade
practices or fair trading);

the item does not contain viruses or other computer codes, files or
programs which are designed to limit or destroy the functionality of
other computer software or hardware;

if the item is marked as 'supported', they will provide you with the services
as outlined in the item support policy;

they will process your data in accordance with applicable privacy law and data protection regulations.

This is what authors are promising you when you buy an item.

23.
Taxes:

Australian GST, European VAT and US Sales Tax.
Prices and fees for supplies made to you (whether by Envato or authors) in connection
with these terms exclude Australian GST, European VAT and US Sales Tax, unless stated otherwise on
our site. If a supply is made to you under or in connection with these terms on which
Australian GST, European VAT or US Sales Tax is imposed, any applicable fee that is charged for that
supply is increased by, and you must also pay, an amount equal to the GST, VAT or US Sales Tax payable
(by Envato or the author) on that supply.

Other taxes.
Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated
otherwise on our site. You are responsible for paying all such taxes and imposts associated
with your use of Envato Market wherever levied. Your responsibility includes withholding
tax if it applies, unless we already process that withholding tax. We may collect geographical
location information to determine your location, which may be used for tax purposes
(so location information you give us must be accurate for tax residency purposes).

24.
Envato Credits expire: Envato Credits expire if not used
within 12 months from the date of purchase, and will be forfeited on the
12 month anniversary of the purchase date. We generally try to tell
you beforehand when Envato Credits are going to expire and be forfeited, but this
is not always possible and don’t promise to warn you. Check your
member’s statement regularly for details of expiry dates. If you
have different rights under an applicable consumer law, we don’t
exclude them.

If you haven’t used your Envato Credits within 12 months they may
expire.

25.
Items with an incorrect price or incorrect information: Despite our
reasonable efforts, items may occasionally be listed at an incorrect price
or with incorrect information. If this happens, we may cancel or reverse a
transaction, even after it is completed and a payment has been processed. If
we do this, we’ll promptly arrange for any payment to be credited or
refunded and you must not use the item unless you re-purchase it at the correct
price.

Refunds

26.
Given the nature of digital content, a refund or credit
on a purchase is not granted unless one of the warranties given by the author in
section 22 has been breached,
or a refund is required under the
Envato Market Refund Rules
or Australian consumer law or other relevant consumer
protection laws. If you would like to request a refund see this
Help Centre article.

27.
We will assess refund or credit requests (if you have an Envato Market account) on their merits, considering the
digital nature of Envato Market items and the type of item preview that was
available before purchase. There is generally no obligation to provide a refund
or credit in situations like the following:

you have changed your mind about an item;

you bought an item by mistake;

you do not have sufficient expertise to use the item;

you ask for goodwill; or

you can no longer access the item because it has been removed (we advise
you to download items as soon as you buy them to avoid this situation).

28.
If the author or we decide to issue a refund or credit (if you have an Envato Market account), this will generally be
done using the same manner used to make the purchase. So if the item was purchased using Envato Credits, you will be
given credit in Envato Credits; if the item was purchased using a particular payment method you will be refunded using
the same payment method in reverse. Any payment made to you (not Envato Credits) will be made in US Dollars, under the
rules of the payment method (see
section 19 - Currency conversion costs about currency
conversion back to your local currency).

It is important that you understand how refunds work on Envato Market.

29.
Disputes lodged with payment agents: If, as a buyer via your Envato Market account, you
lodge a dispute with a payment agent, this will result in a freezing of
your Envato Market account until the dispute raised with the payment agent
has been cancelled. This makes it very complex to resolve any related
issues, and means we cannot make payments or issue refunds out of your
Envato Market account, so we encourage buyers to contact us directly first
to see if we can help resolve any concerns.

30.
Fine print: We are not a bank or licensed deposit taker in
Australia or elsewhere, your credits are not deposits under Australian law
about banks, and that means you don’t get the benefit of any deposit
insurance or guarantee under those laws. We don’t act as a fiduciary or
as a trustee for you, and we’re not a licensed financial service
provider.

Becoming an author

31.
If you want to get involved in our community as an author, you can sign up
and find out more here. Remember
that if you become an author these terms will continue to apply, along
with the Author Terms you’ll sign up to as an author.

To find out more about how to become an author visit the ‘Author Help Center’ here.

Intellectual Property

32.
What we own: We own all the Envato
content that we have put on Envato Market (unless otherwise
stated and excluding content owned by others). This includes the design,
compilation, and look and feel of the Envato Market sites, and copyright,
trademarks, designs and other intellectual property on Envato Market.
We own all the trademarks, logos, service marks and trade names on Envato Market
(unless otherwise stated and excluding these things owned by
others). You will not copy, distribute, modify or make derivative works
of any of our Envato Content or use any of our intellectual property in
any way not expressly stated in these terms.

33.
What we don’t own: We do not own the items on Envato Market;
our authors do. Items are uploaded at the direction of the author. So we cannot take
responsibility for the quality, safety or legality of the items. We do not warrant
that the items or any member content, code, data or materials available on or via
the Envato Market do not infringe the intellectual property rights of a
third party. (Each author provides promises to you directly when you
purchase their item – see
section 22 - Warranties authors make.)

34.
Copyright, trademark and intellectual property claims:
We respect the intellectual property rights of others and we require that
authors do the same. If you believe that an item or member content
infringes an intellectual property right (including copyright) please see
the information in our
Intellectual Property
Policy.

Our Intellectual Property Policy is where you will find all the information relating to
how we treat intellectual property on Envato Market including
copyright and other rights.

35.
Model and property releases:
Items are available for commercial use (unless stated otherwise by the Author
on an item page). Authors are responsible for obtaining and keeping a model or
property release if one is needed; please ask the author directly if you need
a copy of a release.

Our use of your information

37.
Confidential Information: We value your information and
take reasonable precautions to protect it. While using the Envato Market, you may also
become aware of confidential information about us or another member. You
promise to not disclose any confidential information made available to
you through the Envato Market to any other person.

Playing fair

38.
Prohibited Conduct:
We strongly recommend that you don’t make your contact details
public on the Envato Market or in any public communications via the Envato Market sites.
Contact details include your email address, street address, Skype name
and phone number (but not social network handles). If you do, it must not
be for any reason prohibited under the
Acceptable Use Policy
and you do so at your risk!

39.
Content removal: We can look at or remove any of your
content for any reason at our discretion. Reasons might include quality
assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think
that the content is unauthorised, misleading, incorrect,
offensive, or in breach of anyone else’s rights, or if we think
that your use of the Envato Market and any content might result in
liability to us or anyone else. See our
Acceptable Use Policy
for further details.

40.
Community participation: We take great pride in our
global and thriving community—it’s part of what makes the
Envato Market great. We focus on transparency and mutual
respect and invite you to participate, give feedback and have your say.
Before participating on Envato Market, please read the
Community Guidelines, as
you agree to follow them as part of these terms.

Linking; apps made by others

41.
Linking to the Envato Market: We’d be delighted if
you decide to link to Envato Market from other sites but you have to
link to a full version of a page and not link directly to an image or file
hosted on Envato Market. That includes no "in-line" linking methods resulting
in images hosted on Envato Market being displayed on other sites. You must
not "frame" any Envato Market pages by surrounding those pages with someone
else’s content, materials or branding. We reserve the right to insist
that any link to the Envato Market be discontinued, and to revoke your ability
to link to the Envato Market.

42.
Links from the Envato Market: The Envato Market sites may
contain links to other non-Envato sites. We have no control or
responsibility over anything on those sites, and do not endorse or
sponsor those sites, even if they are affiliated to us.

43.
Third party developers: We welcome the contribution of
our members and broader community, who offer applications that work with
Envato Market. You will need to form your own view about these
applications and their developers; we’re not able to warrant or
endorse those applications and disclaim liability relating to these
applications.

Legal Housekeeping

44.
Eligibility, suspension or termination: Membership is not an
automatic right, it is a benefit for community members who follow our
terms and policies and treat other community members well. We hope that you
will be with us for a long time. But we may, using reasonable discretion,
decide whether or not your use of Envato Market complies with these
terms and our policies. We can suspend or terminate your Envato Market account at any time
for any reason (acting reasonably of course), including if you:

breach these terms or any terms applicable to any of your other Envato accounts;

breach any of our policies (or policies of any other Envato Company);

act in a way that does not align with the values of our community; or

act in a way that could cause us or members harm.

If we do decide to permanently terminate your Envato Market account you must
not apply for a new account as unfortunately you will no longer be welcome in
our community. This decision may also apply to all of your Envato accounts you use on other Envato sites.

45.
Envato Companies: If an indemnity, limitation or disclaimer of
liability, warranty or release (a 'benefit') is given in our
favour in these terms, the Author Terms or Affiliate Terms, we hold that
benefit on trust for the other Envato Companies. We may enforce that benefit
as trustee for and on behalf of the other Envato Companies as beneficiaries
under that trust.

46.
We may use the services of another Envato Company to conduct payment or other
activities with you, like collecting payments and paying author earnings. If
you make a Buy Now payment, we receive your payment as a limited agent for the
author and your obligation to pay the author is met when we (or another Envato
Company) receive the payment successfully.

Liability and indemnity - between us and you

47.
We provide the Envato Market sites and the platform services, not the items on the Envato Market sites.

48.
You indemnify us against all losses, costs (including legal costs on a full
indemnity basis), expenses, demands or liability that we incur arising out
of, or in connection with, a third party claim against us relating to your
use of Envato Market and any content you post to Envato Market (including,
if you are an author, your items).

49.
If you are a buyer, you agree that we are not responsible for, and you
release us from liability arising out of or in connection with:

the items on Envato Market;

information provided by authors about
their items (including on any item page); and

your use of items from Envato Market.

50.
Our liability to you in connection with Envato Market or these terms, in contract,
tort (including negligence) or otherwise, is limited as follows:

we exclude liability for any of these things
incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of
customers, loss of capital, damage to reputation, loss in connection with
any other contract, loss of data, or indirect, consequential or special loss,
damage or expense; and;

our total liability to you is limited to the greater of USD100 and the
total buyer fees paid by you in the 12 months before liability
accrued.

These sections mean that you protect us from costs and claims that
happen because of your actions on the site, and that our liability to you is limited.

We may, at our expense, assume the exclusive defense and control of any matter
you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity - between authors and buyers

51.
Each author grants to each buyer of the author’s items a limited indemnity on
the following terms:

if another person makes a claim against a buyer
that the buyer's use of the item in accordance with the terms of the applicable
license infringes the intellectual property or other rights of that third
party; and

if that buyer promptly notifies the author
of the claim and gives the author the option to control the defense of the claim
(at the author's cost), then the author will indemnify the buyer against
damages finally awarded by a court against the buyer or any settlement damages
agreed to by the author regarding that claim.

52.
The liability of each author to their buyers is otherwise limited, for each item
purchased, to the author's earnings from the payment for that item, except to the
extent that the author's liability arises from wilful misrepresentations made about
the item.

This means that the author's liability to buyers is limited.

53. Availability:
We strive to have Envato Market available to you 24 hours a day, seven days a week
but you know how the internet works: occasionally you might not be able to access
Envato Market, and this might happen for any reason, at any time, with or without
notice, or at our absolute discretion. We might also change aspects of how Envato
Market works. The Envato Companies will not be liable to you for any loss you suffer
as a result of these things.

54. Third Party:
If you're agreeing to these terms on behalf of someone else (like your employer),
then you're promising to us that you have full legal authority to bind that third
party.

55.
Consumer laws:
In some places there may be non-excludable warranties, guarantees or other rights
('non-excludable consumer guarantees'). We do not exclude,
restrict or modify non-excludable consumer guarantees in these terms. Except
for non-excludable consumer guarantees, we and authors are bound only by the
express warranties made in these terms. Our and each author's liability for breach
of a non-excludable consumer guarantee is limited, at our or the author's option,
to replacing or paying the cost of replacing the relevant item or service,
(unless the non-excludable consumer guarantee says otherwise).

56. Blocking a member, disabling an account or refusing to process a payment.
We may block you, terminate any of your Envato accounts or refuse to process a payment,
including withholding your account balance indefinitely,
if we reasonably believe there is a risk associated with you, your Envato account,
or that payment, including if it breaches a law or regulation. Examples of
where we might do this include transactions where we suspect the payment is from or to
a person or country sanctioned by an authority (like the United Nations,
the United States government or the Australian government); or where we
reasonably believe there is a legal or regulatory risk or a risk of loss being
suffered by us or our members. You warrant that you are not located in a
sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Envato Market
using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that
country. You should check what payment methods are available in your country
for making payments as a buyer or for withdrawing earnings as an author.
We may take any of the actions stated in this section without notice and
against all of your Envato accounts you use on other Envato sites.
If required by law we may forfeit existing deposits or earnings.

As our sites are global, there are different laws that may
apply and these may restrict our relationship with you. See this
Help Center article for some details.

57. US-specific controls.
Envato Market is not available to anyone located in any U.S. sanctioned countries
or to anyone on the U.S Treasury Department's list of Specially Designated
Nationals List (SDN list). You must not export or re-export Envato Market items
to a U.S. sanctioned country or to anyone on the SDN list.

58. Relationship between the parties:
Nothing in these terms is to be construed as constituting a partnership,
joint venture, employment or agency relationship between you and us, or
between you and any other member. Neither you nor us can bind each other
in any way. We are, however, an agent of the authors only for the limited
purposes of collecting Buy Now payments (see section 46), the authors'
providing warranties to buyers in
section 22 - Warranties authors make,
to limit authors' liability to buyers in section 52, and the disclaimer
of authors' liability to buyers in section 55 - Consumer laws.

59. Notices:
Any notice you send us must be submitted via a
help request. Any notice
we send to you will be emailed to your Envato Market account email address.

60. Changes to Envato Market Terms:
We may change these terms at any time and, if we make changes, we will take
reasonable steps to let our community know about the changes. You can also
keep track of whether changes have been made to our terms by referring to
the version and effective date at the footer of the terms. You can close
your Market Account and terminate your agreement with us at any time if you
do not agree to the changes. However, if you continue to use Envato Market
sites after the changes are made, then you will be agreeing to the changes.

61. Interpretation:
Words like 'include' and 'including' are not words of limitation and
where anything is within our discretion we mean our sole discretion.

62. Applicable Laws:
We control and operate Envato Market from our offices in Australia.
The laws of Victoria, Australia govern these terms, and you submit
to the jurisdiction of the courts there for the resolution of any dispute
between us.

Definitions

Author:

a member who makes items available for sale on Envato Market.

Buy:

includes downloading an item that is made available for free on Envato Market or that is
purchased for you by another member.

Buy Now:

a way of purchasing an item using a payment provider (and not using existing Envato Credits)

Buyer:

a person who ‘buys’ items on Envato Market.

Buyer fee:

the fee for the services buyers get from Envato like 24/7 support, fraud protection, item quality
control and other related buyers’ services.

Envato:

Envato Pty Ltd (ABN 11 119 159 741).

Envato Companies:

Envato and any company that controls, is controlled by or is under common control with Envato.

Envato content:

is all the content that we have put on Envato Market
and includes the design, compilation, and look and feel of the Envato Market,
and copyright, trademarks, designs and other intellectual property on the
Envato Market (unless otherwise stated and excluding content owned by
others like author content).

Envato Market:

When we refer to the
‘Envato Market’ we’re talking about the Envato digital
marketplaces, which include these sites: